NEWARK — A Superior Court judge
this morning denied a request for the return of a gun collection to the
former security guard at Newark Liberty International Airport who last
year was charged with threatening to shoot President Obama, a charge
that was eventually dropped.

Judge Joseph Cassini noted that had the case happened before the Sept.
11, 2001, terror attacks, there would have likely been no police
involvement. "Unfortunately, we live in a very different time," the
judge said, before denying the return of the rifles, pistols and hunting
knives to John Brek. It was unclear under what legal grounds the judge
used in denying the request.

The judge did grant Brek's request to lift an order that prohibited Brek
from having contact with the president, his family or the White House
staff. The Essex County Prosecutor's Office had earlier agreed to grant
that request, which essentially allows Brek to visit the White House.

Brek, 55, of Linden, was arrested last October after two Continental
Airlines employees at Newark Airport alerted police to comments he made
at the airport lunch truck about cutting a hole in a fence so he could
shoot the president. Obama arrived aboard Air Force One the next day to
campaign for then-Gov. Jon Corzine.

Authorities searched Brek's home, where they found and confiscated 43
guns — all but one licensed — and hollow-point bullets. An avid hunter,
Brek said the collection is a family heirloom, which had belonged to his
grandfather and his father. Brek was originally charged with making
terroristic threats and possessing a stolen rifle and hollow-point
bullets. In November, he pleaded guilty to two lesser counts of
harassment, amounting to disorderly persons offenses.

Brek's attorney, Moses Rambarran, said the judge's ruling order to
dissolve the restraining order against visiting the White House but not
returning his weapons as inconsistent. "John Brek was not found guilty
of any of the original charges," he said after the hearing.

Brek, who was in court today, expressed his disappointment, calling the gun collection "a treasure, and a financial nest egg."

NEWARK — A Superior Court judge this morning denied a request for the return of a gun collection to the former security guard at Newark Liberty International Airport who last year was charged with threatening to shoot President Obama, a charge that was eventually dropped.

Judge Joseph Cassini noted that had the case happened before the Sept. 11, 2001, terror attacks, there would have likely been no police involvement. "Unfortunately, we live in a very different time," the judge said, before denying the return of the rifles, pistols and hunting knives to John Brek. It was unclear under what legal grounds the judge used in denying the request.

The judge did grant Brek's request to lift an order that prohibited Brek from having contact with the president, his family or the White House staff. The Essex County Prosecutor's Office had earlier agreed to grant that request, which essentially allows Brek to visit the White House.

Brek, 55, of Linden, was arrested last October after two Continental Airlines employees at Newark Airport alerted police to comments he made at the airport lunch truck about cutting a hole in a fence so he could shoot the president. Obama arrived aboard Air Force One the next day to campaign for then-Gov. Jon Corzine.

Authorities searched Brek's home, where they found and confiscated 43 guns — all but one licensed — and hollow-point bullets. An avid hunter, Brek said the collection is a family heirloom, which had belonged to his grandfather and his father. Brek was originally charged with making terroristic threats and possessing a stolen rifle and hollow-point bullets. In November, he pleaded guilty to two lesser counts of harassment, amounting to disorderly persons offenses.

Brek's attorney, Moses Rambarran, said the judge's ruling order to dissolve the restraining order against visiting the White House but not returning his weapons as inconsistent. "John Brek was not found guilty of any of the original charges," he said after the hearing.

Brek, who was in court today, expressed his disappointment, calling the gun collection "a treasure, and a financial nest egg."

In other words, he was convicted of a crime related to the incident.

I don't believe that there is anywhere, New Jersey or otherwise, where the guns would be returned to an individual who was convicted of a crime that involved the use, or threataned use of those weapons.

It's not like the gun collection was secured for safekeeping while his case was being adjudicated because the terms of his bail/restraining or protective order/ etc... prohibited posession. They were siezed because he was arrested for telling people his (likely fantastical) plan to shoot the POTUS- and they served as evidence to substantiate the charges against him.

NEWARK — A Superior Court judge this morning denied a request for the return of a gun collection to the former security guard at Newark Liberty International Airport who last year was charged with threatening to shoot President Obama, a charge that was eventually dropped.

Judge Joseph Cassini noted that had the case happened before the Sept. 11, 2001, terror attacks, there would have likely been no police involvement. "Unfortunately, we live in a very different time," the judge said, before denying the return of the rifles, pistols and hunting knives to John Brek. It was unclear under what legal grounds the judge used in denying the request.

The judge did grant Brek's request to lift an order that prohibited Brek from having contact with the president, his family or the White House staff. The Essex County Prosecutor's Office had earlier agreed to grant that request, which essentially allows Brek to visit the White House.

Brek, 55, of Linden, was arrested last October after two Continental Airlines employees at Newark Airport alerted police to comments he made at the airport lunch truck about cutting a hole in a fence so he could shoot the president. Obama arrived aboard Air Force One the next day to campaign for then-Gov. Jon Corzine.

Authorities searched Brek's home, where they found and confiscated 43 guns — all but one licensed — and hollow-point bullets. An avid hunter, Brek said the collection is a family heirloom, which had belonged to his grandfather and his father. Brek was originally charged with making terroristic threats and possessing a stolen rifle and hollow-point bullets. In November, he pleaded guilty to two lesser counts of harassment, amounting to disorderly persons offenses.

Brek's attorney, Moses Rambarran, said the judge's ruling order to dissolve the restraining order against visiting the White House but not returning his weapons as inconsistent. "John Brek was not found guilty of any of the original charges," he said after the hearing.

Brek, who was in court today, expressed his disappointment, calling the gun collection "a treasure, and a financial nest egg."

In other words, he was convicted of a crime related to the incident.

I don't believe that there is anywhere, New Jersey or otherwise, where the guns would be returned to an individual who was convicted of a crime that involved the use, or threataned use of those weapons.

It's not like the gun collection was secured for safekeeping while his case was being adjudicated because the terms of his bail/restraining or protective order/ etc... prohibited posession. They were siezed because he was arrested for telling people his (likely fantastical) plan to shoot the POTUS- and they served as evidence to substantiate the charges against him.

He wasn't convicted of a felony. They're his property. Give him his fucking guns back.

NEWARK — A Superior Court judge this morning denied a request for the return of a gun collection to the former security guard at Newark Liberty International Airport who last year was charged with threatening to shoot President Obama, a charge that was eventually dropped.

Judge Joseph Cassini noted that had the case happened before the Sept. 11, 2001, terror attacks, there would have likely been no police involvement. "Unfortunately, we live in a very different time," the judge said, before denying the return of the rifles, pistols and hunting knives to John Brek. It was unclear under what legal grounds the judge used in denying the request.

The judge did grant Brek's request to lift an order that prohibited Brek from having contact with the president, his family or the White House staff. The Essex County Prosecutor's Office had earlier agreed to grant that request, which essentially allows Brek to visit the White House.

Brek, 55, of Linden, was arrested last October after two Continental Airlines employees at Newark Airport alerted police to comments he made at the airport lunch truck about cutting a hole in a fence so he could shoot the president. Obama arrived aboard Air Force One the next day to campaign for then-Gov. Jon Corzine.

Authorities searched Brek's home, where they found and confiscated 43 guns — all but one licensed — and hollow-point bullets. An avid hunter, Brek said the collection is a family heirloom, which had belonged to his grandfather and his father. Brek was originally charged with making terroristic threats and possessing a stolen rifle and hollow-point bullets. In November, he pleaded guilty to two lesser counts of harassment, amounting to disorderly persons offenses.

Brek's attorney, Moses Rambarran, said the judge's ruling order to dissolve the restraining order against visiting the White House but not returning his weapons as inconsistent. "John Brek was not found guilty of any of the original charges," he said after the hearing.

Brek, who was in court today, expressed his disappointment, calling the gun collection "a treasure, and a financial nest egg."

In other words, he was convicted of a crime related to the incident.

I don't believe that there is anywhere, New Jersey or otherwise, where the guns would be returned to an individual who was convicted of a crime that involved the use, or threataned use of those weapons.

It's not like the gun collection was secured for safekeeping while his case was being adjudicated because the terms of his bail/restraining or protective order/ etc... prohibited posession. They were siezed because he was arrested for telling people his (likely fantastical) plan to shoot the POTUS- and they served as evidence to substantiate the charges against him.

He wasn't convicted of a felony. They're his property. Give him his fucking guns back.

The guns were integral to the crime. Even though it is not necessarily illgeal for him to posess a gun (I'm going to assume the counts in question aren't state prohibitors in NJ) , these particular guns were a component of his criminal activity (the behavior, not necessarily the charges). I don't believe there is any jurisdiction that would return them.

Originally Posted By AKengineer:Isn't this now a civil rights violation thanks to Mcdonald? He needs to find the right lawyer and get his guns back and a bigger "financial nest egg".*

* assuming he is not an active threat to society(might be more to the story).

Not going to happen, McDonald or not. This is not a 2A issue. Assuming his convictions are not state prohibitors, and he isn't encumbered by terms of probation, an RO, or anything else- he could re-arm himself...just not with the particular weapons that were part of his previous criminal activity.

McDonald is irrelevant and so is Heller. This is a takings/ siezure issue. The State was justified in siezing his firearms and doing with them whatever it is they do with every other crime gun that is siezed.

There could be a 2A question (concerning reasonable restrictions) later on if his FID is revoked/ denied or a purchased is denied... and Heller or McDonald may or may not mean something then. That is a seperate issue that is unrelated to the current issue.